2009-158 Agreement between the Township of Oro-Medonte and her Majesty The Queen in right of Canada as Represented by The Minister of Fisheries and OceonsTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
By-Law No. 2009-158
Being a By-Law to Authorize the Execution of an Agreement Between the
Township of Oro-Medonte and Her Majesty The Queen in Right of Canada as
Represented by The Minister of Fisheries and Oceans
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states
that it is the role of Council to ensure that administrative practices and procedures are
in place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did,
on the 5tH day of September, 2007, pass Motion No. CW070905-22 to accept the offer
from Fisheries and Oceans Small Craft Harbours to assume ownership of the
Hawkestone Wharf facilities upon completion of all necessary upgrades;
AND WHEREAS all necessary upgrades to the Hawkestone Wharf facilities have now
been completed;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
THAT the Mayor and Clerk be authorized to execute the Transfer/Deed of Land
attached hereto as Schedule "A" and forming part of this By-Law.
2. THAT this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 25TH DAY OF NOVEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF
NOVEMBER, 2009.
THE CARPORATION OF THE TOWNSHIP OF ORO-MEDONTE
ghes
k, J.'DoAllas Irwin
ofovince Transfer/Deed of Land r „ DYE&DURHAM CF9POLARIS 1995
Schedule A to By-law
Ontario No. 2009-15 8
Form 1 - Land Registration Reform Act
(1) Registry ❑ Land Titles 0 (2) Page 1 of pages
(3) Property Block Property
Certificate of Receipt Identifier(s) 58561 0150 (LT) Additional: see
Certifieat de 1160piSS6 Schedule ❑
(4) Consideration One-----00/100
r
FEB 1` 2 2010 Dollars$ 1.00
(5) Description This is a: Property Property ❑
Division ❑ Consolidation
w
First:
U_ umd aq rataur. Slmcoe #61 Barrie
PCL WATER LOT 1 SEC LOCATION DT-90; PT OF THE BED OF
CC New Property Identifiers LAKE SIMCOE IN FRONT OF LT 24 CON 11 MEDONTE PT 1
Additional: 51 R7570, ORO-MEDONTE.
See ❑
Schedule Description continued on Schedule "A"
Executions
Additional: ❑
See
Schedule
(6) This (a) Redescription ; (b) Schedule for: (7) Interest/Estate Transferred
Document New Easement ; Additional Fee Simple
Contains Plan/Sketch ❑ ; Description Parties ❑ Other
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
We. have authority to bind Her Majesty
Date of Signature
re '..Y M D
Name(s) . S.
HER MAJESTY THE QUEEN in right of Canada as
,.....,~..,~7.
/4r4a 4~ea~.. /qef. ~~r, lc'g7iyf ~ i i
represented by the Minister of Fisheries and Oceans JP -
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Countersignature by the MINISTER OF JUSTICE pursuant to
Colin .'Wyse, Cduhsel, Offl ' Reg'iohal Office'
s. 5(6) of the Federal Real Property and Federal Immovables Act
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M , D
i i
(10) Transferor(s) Address Fisheries and Oceans Canada, Suite 506, 3027 Harvester Road, Burlington, Ontario L7R 4K3
for Service
(11) Transferee(s) Date of Birth
Y M D
THE CORPORATION.OF THE TOWNSHIP.OF ORO TE.. , , , • . , , • • • , • • • , , ; , . • , , ,
Per, H.S,.. Hu.ghe ,..Mayor........ • : .
I I
Per: J... D.o.u, las..Irwin . Clerk. ; . .
I /We have the authorit t /bind t Cor oration
(12) Transferee(s) Address P .O. BOX 100, Oro, Ontario LOL 2X0
for Service
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y M D~ ; Y ; M; D
Signature . . . . . . . . . . . . . . ! Signature . . . . . . . . . . . . . . . . . ! ! . .
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
< determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
O Name and Y M D
a Address of
O Solicitor Signature . . . . . . . . . . . . . . . . . . . . . . . . .
y (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subdause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer
Q a ° T does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing.
m _ B
c
C Ec 4)c
U11
_m r
° Name and Date of Signature
X8T
d Address of Y M D
¢:kt Solicitor
C)
N Signature . . . . . . . . . . . . . . . . . . . . . . ! ! . . .
(15) Assessment Roll Number , cty. , Mun., Map , sub. , Par. , Fees and Tax
of Property Not Assigned
z Registration Fee
(16) Municipal Address of Property (17) Document Prepared by: w
Land Transfer Tax Not Assigned Department of Justice Canada _
130 King St. West LL
Box 36, Suite 3400
Toronto, Ontario M5X 1 K6 LL Total -
"
Province
of
Ontario
Schedule
Form 5 - Land Registration Reform Act
DYE & DURHAM CFS POLARIS 1995
S
Page 2
R ®n of ownce Schedule DYE & DURHAM CFS POLARIS 1995
Ontario Form 5 - Land Registration Reform Act
S
Page 3
Additional Property Identifier(s) and/or Other Information
WHEREAS the property described in Box 5 is registered in the name of His Majesty,
King George the Fifth in right of the Dominion of Canada;
AND WHEREAS the Transferor Her Majesty the Queen in right of Canada is one and
the same person as His Majesty, King George the Fifth in right of the Dominion of
Canada;
AND WHEREAS the said property is under the administration of the Minister of
Fishereis and Oceans who has authority pursuant to the Federal Real Property and
Federal Immovables Act to transfer the said property to the Transferee;
AND WHEREAS Micheline Leduc, Director General, Small Craft Harbours Branch of
the Department of Fisheries and Oceans and Colin Wyse, Counsel, Ontario Regional
Office of the Department of Justice have authority to bind Her Majesty the Queen in
right of Canada.
W}
U~
LLZ
O5
W
j
0
Province Schedule DYE 8 DURHAM CFS POLARIS 1995
of
Ontario Form 5 - Land Registration Reform Act S
Page
Additional Property Identifier(s) and/or Other Information
COVENANTS BY TRANSFEREE
1. The Transferee covenants to use the lands described herein for the purpose of a public harbour for
a period of five (5) years commencing on the date of registration of this transfer, and covenants to
operate a public harbour during the said five (5) year period at substantially the same level of
operations as existed on the lands described herein during the twelve (12) month period prior to
registration of this Transfer.
2. In the event that at any time within the period of five (5) years commencing on the date of
registration of this Transfer, the Transferee ceases to use the lands described herein for the purpose
of a public harbour with operation of such public harbour at substantially the same level of operations
as existed on the lands described herein during the twelve (12) month period prior to the registration
of this Transfer, or the Transferee disposes of all or part of the lands described herein, the Transferee
shall pay forthwith to the Transferor the sum of Seventy Thousand Dollars ($70,000.00).
W}
U~
LLZ
00
W
~
0
Do Process Software Ltd. • (416) 322-6111 or (866) 367-7648
Property Identifier(s) No.
Ministry of Revenue
a Ontario Land Taxes Section 58561-0150
33 King St West
PO Box 625
Oshawa ON L1 H 81-19
Page 5'
Land Transfer Tax Affidavit
Land Transfer Tax Act
Refer to instructions on reverse side.
In the Matter of the Conveyance of (insert brief description of land) Parcel Water Lot 1 Section Location DT-90; Part of
the Bed of Lake Simcoe in Front of Lot 24 Concession 11 Medonte being Part 1, Plan 51R7570; Oro-Medonte
BY (print names of all transferors in full)
TO (print names of all transferees in full) I HN; ) R URA I I I J N (IF I HH: I I ) WNN"I ' IIN' IJKIJ-IVIV1111N'I'V
1 _DAntff Irwin
have personal knowledge of the facts herein deposed to and Make Oath and Say that.
1. 1 am (place a clear mark within the square opposite the following paragraph(s) that describe(s) the capacity of the deponents)
❑ (a) the transferee named in the above-described conveyance;
MX (b) the authorized agent or solicitor acting in this transaction for the transferee(s);
❑ (c) the President, Vice-President, Secretary, Treasurer, Director or Manager authorized to act for
(the transferee(s));
❑ (d) a transferee and am making this affidavit on my own behalf and on behalf Obsert name of spouse)
who is my spouse.
❑ (e) the transferor or an officer authorized to act on behalf of the transferor company ai® I am tendering this document for registration and
❑ no tax is payable on registration of this document.
THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash . S
Nil
(b) Mortgages (i) Assumed (principal and interest) . $
Nil All blanks must
(ii) Given back to vendor . $
Nil be filled in.
(c) Property transferred in exchange (detail below in para. 5) . $
Nil Insert "Nil"
d Other consideration subject to tax (detail below . $
Nil where
e Fair market value of the lands (see Instruction 2(c)) . S
Nil applicable.
(f) Value of land, building, fixtures and goodwill subject to
L nd Transfer Tax (Total of (a) to (e)) . $
Nil $ Nil
(g) Value of all chattels - items of tangible personal property
which are taxable under the provisions of the
Nil
Retail Sales Tax Act
. $
(h) Other consideration for transaction not included in (f) or (g) above
. I Nil
(i) Total Consideration
To be completed where the value of the consideration for the conveyance exceeds $400,000.00.
1 have read and considered the definition of "single family residence" set out in subsection 1(1) of the Act. The land conveyed in the above-described conveyance:
❑ does not contain a single family residence or contains more than two single family residences;
❑ contains at least one and not more than two single family residences; or
❑ contains at least one and not more than two single family residences and the lands are used for other than just residential purposes
accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is $
the remainder of the lands are used for purposes.
and
Note: Subsection 2(1)(b) imposes an additional tax at the rate of one-half of one per cent upon the value of the consideration in excess of $400, 000.00
where the conveyance contains at least one and not more than two single family residences and 2(2) allows an apportionment of the consideration
where the lands are used for other than just residential purposes.
4. If consideration is nominal, is the land subject to any encumbrance? ❑ Yes FAI No
5. Other remarks and explanations, if necessary Conveyance to Municipality. No consideration easing.
Sworn/affirmed before me in thee-4-10r0014 Winship f Oro-Medont
Province of Ontario
, D I C l e r k Signature(s)
this n -day of Vo`w` ,
Janette Teeter, an ex o o'~~I r
9. while Deputy Clerk for the Corporation of the Township
A C missioner for taking Affidavits,oftbr(~MedOnte, County of Simcoe, Province of H . ug s M yor
Property Information Record Ontario, Canada
A. Describe nature of instrument: Transfer/Deed of Lan
B. (i) Address of property being conveyed(1favailable) a-Q c. igned
(ii) Assessment Roll No. (ffavailable) not assigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed
P.O Box 100, Oro Ontario LOL 2X0
D. (i) Registration number for last conveyance of property being conveyed(If available) _
(ii) Legal description of property conveyed: Same as in D (i) above. ❑ Yes MX No
❑ Not known
For Land Registry Office Use Only
Registration No.
Registration Date (Year/Month/Day)
Land Registry Office No.
E. Name(s) and address(es) of each transferee's solicitor:Rand T. Hooke Aird & Berlis LLP
Barristers Solicitors, B Place, Box 754, 181 Bay Street, Suite 1800, Toronto, Ontario, M5J T
School Support (Voluntary Election)(See reverse for explanation) Yes No
(a) Are all individual transferees Roman Catholic? ❑ ❑
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? ❑ ❑
(c) Do all individual transferees have French Language Education Rights? ❑ ❑
(d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? ❑ ❑
Note: As to (c) and (d) the land being transferred will receive French Public School Board Election unless otherwise directed in (a) and (b). 0449M (2007106)
The transferee has